TheJohn MaythamShow

The Constitutional Court on Thursday ruled that government did not behave unconstitutionally when it decided that it would implement a policy of unencrypted digital terrestrial television.

eTV had challenged the decision, saying it would affect its ability to compete and that encryption would allow government to offer better services to the public.

Four of the five judges ruled that government can continue to use an unencrypted system for digital terrestrial television and that eTV's legal bid to stop the system must fail.

Xoalni Gwala spoke to founder and editor at Techcentral, Duncan McLeod, to explain what this means.

The Constitutional Court in the end couldn't agree on this matter which has been causing huge damage in the ICT sector for at least five years now.

— Duncan McLeod, Founder and Editor at Techcentral

What it actually means isn't clear and I think we need to hear from the new communications Minister Ayanda Dlodlo who has already said in parliament that she would like to go back to the previous communications minister Yunus Carrin's policy, which was in favor of encryption.

— Duncan McLeod, Founder and Editor at Techcentral

Its not quite clear in my mind yet what exactly this judgment means for her plans in that regard, but the Constitutional Court finding in favor of Faith Muthambi may not prevent her form going ahead with her intention in introducing encryption to set top boxes.